BILL NUMBER: SB 1802	CHAPTERED  07/24/00

	CHAPTER   198
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   MAY 8, 2000
	AMENDED IN SENATE   APRIL 11, 2000

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 23, 2000

   An act to amend Sections 6276.46 and 13968 of, and to add Section
6254.17 to, the Government Code, and to amend Section 1202.4 of the
Penal Code, relating to victims of crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1802, Chesbro.  Victims of crime.
   (1) Existing law exempts specified records from disclosure under
the California Public Records Act, provides for the indemnification
of victims of certain crimes for specified types of expenses from the
Restitution Fund, and requires a court to require a criminal
defendant to pay restitution, which is to be made to the Restitution
Fund to the extent that the victim of the crime has received
assistance from the State Board of Control.
   This bill would exempt from disclosure under the California Public
Records Act specified records relating to requests for assistance
by, and compensation of, victims of crime.  The bill would specify
that consent to disclosure of an otherwise privileged communication
does not waive specified evidentiary privileges if the disclosure is
needed by the board to verify an application for indemnification.
The bill would provide that assistance from the Restitution Fund as a
result of the defendant's conduct is presumed to be a direct result
of the defendant's crime and shall be included in the amount of
restitution ordered by the court, except as specified.  The bill
would, in that connection, provide that certified copies of bills,
together with a specified statement made under penalty of perjury by
the custodian of the records, are sufficient to establish the amount
of assistance provided by the Restitution Fund, thereby creating a
state-mandated local program by expanding the conduct to which the
crime of perjury would apply.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6254.17 is added to the Government Code, to
read:
   6254.17.  (a) Nothing in this chapter shall be construed to
require disclosure of records of the State Board of Control that
relate to a request for assistance under Article 1 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2.
   (b) This section shall not apply to a disclosure of the following
information, if no information is disclosed that connects the
information to a specific victim, derivative victim, or applicant
under Article 1 (commencing with Section 13959) of Chapter 5 of Part
4 of Division 3 of Title 2:
   (1) The amount of money paid to a specific provider of services.
   (2) Summary data concerning the types of crimes for which
assistance is provided.
  SEC. 2.  Section 6276.46 of the Government Code is amended to read:

   6276.46.  Unclaimed property, Controller records of, disclosure,
Section 1582, Code of Civil Procedure.
   Unemployment compensation, disclosure of confidential information,
Section 2111, Unemployment Insurance Code.
   Unemployment compensation, information obtained in administration
of code, Section 1094, Unemployment Insurance Code.
   Unemployment compensation, purposes for which use of information
may be authorized, Section 1095, Unemployment Insurance Code.
   Unemployment fund contributions, publication of annual tax rate,
Section 989, Unemployment Insurance Code.
   Unsafe working condition, confidentiality of complainant, Section
6309, Labor Code.
   Use fuel tax information, disclosure prohibited, Section 9255,
Revenue and Taxation Code.
   Utility systems development, confidential information, subdivision
(e), Section 6254, Government Code.
   Vehicle registration, financial responsibility verification study,
confidentiality of information, Sections 4750.2 and 4750.4, Vehicle
Code.
   Vehicle accident reports, disclosure of, Sections 16005, 20012,
and 20014, Vehicle Code and Section 27177, Streets and Highways Code.

   Vehicular offense, record of, confidentiality five years after
conviction, Section 1807.5, Vehicle Code.
   Veterans Affairs, Department of, confidentiality of records of
contract purchasers, Section 85, Military and Veterans Code.
   Veterinarian or animal health technician, alcohol or dangerous
drugs diversion and rehabilitation records, confidentiality of,
Section 4871, Business and Professions Code.
   Victim, statements at sentencing, Section 1191.15, Penal Code.
   Victims' Legal Resource Center, confidentiality of information and
records retained, Section 13897.2, Penal Code.
   Victims of crimes compensation program, confidentiality of
records, subdivision (d), Section 13968, Government Code.
   Voter, registration by confidential affidavit, Section 2194,
Elections Code.
   Voter registration card, confidentiality of information contained
in, Section 6254.4, Government Code.
   Voting, secrecy, Section 1050, Evidence Code.
   Wards and dependent children, inspection of juvenile court
documents, Section 827, Welfare and Institutions Code.
  SEC. 3.  Section 13968 of the Government Code is amended to read:
   13968.  (a) The board may adopt all rules and regulations that are
necessary to implement this article, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3.
   (b) It shall be the duty of every hospital licensed under the laws
of this state to display prominently in its emergency room posters
giving notification of the existence and general provisions of this
chapter, and the existence and locations of local victim centers.
The board, in cooperation with local victim centers, shall set
standards for the location of a display and shall provide posters,
application forms, and general information regarding the provisions
of this chapter to each hospital and physician licensed to practice
in the state.
   (c) It shall be the duty of every local law enforcement agency to
inform victims of crimes of the provisions of this chapter, of the
existence of local victim centers, and in counties where no local
victim center exists, to provide application forms to victims who
desire to seek assistance pursuant to this article.  The board shall
provide application forms and all other documents that local law
enforcement agencies and victim centers may require to comply with
this section.  The board, in cooperation with local victim centers
shall set standards to be followed by local law enforcement agencies
for this purpose and may require them to file with the board a
description of the procedures adopted by each agency to comply.
   (d) Notwithstanding Section 827 of the Welfare and Institutions
Code or any other provision of law, every law enforcement and social
service agency in the state shall provide to the board or to the
designated local victim centers, upon request, a copy of a petition
filed in a juvenile court proceeding, reports of the probation
officer, any other document made available to the probation officer
or to the judge, referee, or other hearing officer, a complete copy
of the report regarding the incident and any supplemental reports
involving the crime, public offense, or incident giving rise to a
claim, for the specific purpose of the submission of a claim or the
determination of eligibility to submit a claim filed pursuant to this
article.  The board or designated local victim centers shall refuse
to allow inspection of a document that personally identifies a minor
by anyone other than the minor who is so identified, his or her
custodial parent or guardian, the attorneys for those parties, and
any other persons as may be designated by court order of the judge of
the juvenile court.  Any information received pursuant to this
section shall be received in confidence for the limited purpose for
which it was provided and shall not be further disseminated.  A
violation of this subdivision is a misdemeanor punishable by a fine
not to exceed five hundred dollars ($500).
   (e) The law enforcement agency supplying the information may, at
its discretion, withhold the names of witnesses or informants from
the board, if the release of such names would be detrimental to the
parties or to an investigation currently in progress.
   (f) Notwithstanding any other provision of law, every state
agency, upon receipt of a copy of a release signed in accordance with
the Information Practices Act of 1977 by the applicant or other
authorized representative, shall provide to the board or local victim
center the information necessary to complete the verification of an
application filed pursuant to this article.
   (g) The Department of Justice shall furnish, upon application of
the board, all information necessary to verify the eligibility of any
applicant for benefits pursuant to Section 13960.2, to recover any
restitution fine or order obligations that are owed to the
Restitution Fund or to any victim of crime, or to evaluate the status
of any criminal disposition.
   (h) A privilege is not waived under Section 912 of the Evidence
Code by an applicant consenting to disclosure of an otherwise
privileged communication if that disclosure is deemed necessary by
the board for verification of the application pursuant to Section
13961.
  SEC. 4.  Section 1202.4 of the Penal Code is amended to read:
   1202.4.  (a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall receive restitution directly from any defendant
convicted of that crime.
   (2) Upon a person being convicted of any crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
   (3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
   (b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so, and
states those reasons on the record.
   (1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense, but shall
not be less than two hundred dollars ($200), and not more than ten
thousand dollars ($10,000), if the person is convicted of a felony,
and shall not be less than one hundred dollars ($100), and not more
than one thousand dollars ($1,000), if the person is convicted of a
misdemeanor.
   (2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of two hundred dollars ($200)
multiplied by the number of years of imprisonment the defendant is
ordered to serve, multiplied by the number of felony counts of which
the defendant is convicted.
   (c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record.  A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution fine.  Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the
two-hundred-dollar ($200) or one-hundred-dollar ($100) minimum.
   (d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the two-hundred-dollar ($200) or one-hundred-dollar
($100) minimum, the court shall consider any relevant factors
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered any losses
as a result of the crime, and the number of victims involved in the
crime.  Those losses may include pecuniary losses to the victim or
his or her dependents as well as intangible losses, such as
psychological harm caused by the crime.  Consideration of a defendant'
s inability to pay may include his or her future earning capacity.  A
defendant shall bear the burden of demonstrating his or her
inability to pay.  Express findings by the court as to the factors
bearing on the amount of the fine shall not be required.  A separate
hearing for the fine shall not be required.
   (e) The restitution fine shall not be subject to penalty
assessments as provided in Section 1464, and shall be deposited in
the Restitution Fund in the State Treasury.
   (f) In every case in which a victim has suffered economic loss as
a result of the defendant's conduct, the court shall require that the
defendant make restitution to the victim or victims in an amount
established by court order, based on the amount of loss claimed by
the victim or victims or any other showing to the court.  If the
amount of loss cannot be ascertained at the time of sentencing, the
restitution order shall include a provision that the amount shall be
determined at the direction of the court.  The court shall order full
restitution unless it finds compelling and extraordinary reasons for
not doing so, and states them on the record.
   (1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution.  The court
may modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant.  If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion.
   (2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of any third party.  Restitution ordered pursuant
to this subdivision shall be ordered to be deposited to the
Restitution Fund to the extent that the victim, as defined in
subdivision (k), has received assistance from the Victims of Crime
Program pursuant to Article 1 (commencing with Section 13959) of
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.

   (3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
   (A) Full or partial payment for the value of stolen or damaged
property.  The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (B) Medical expenses.
   (C) Mental health counseling expenses.
   (D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.
   (E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.
   (F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
   (G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
   (H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
   (I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items.  Expenses incurred
pursuant to this section shall be verified by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (J) Expenses to install or increase residential security incurred
related to a crime, as defined in subdivision (c) of Section 667.5,
including, but not limited to, a home security device or system, or
replacing or increasing the number of locks.
   (K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
   (4) (A) If, as a result of the defendant's conduct, the
Restitution Fund has provided assistance to or on behalf of a victim
or derivative victim pursuant to Article 1 (commencing with Section
13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code, the amount of assistance provided shall be presumed
to be a direct result of the defendant's criminal conduct and shall
be included in the amount of the restitution ordered.
   (B) The amount of assistance provided by the Restitution Fund
shall be established by copies of bills submitted to the State Board
of  Control reflecting the amount paid by the board and whether the
services for which payment was made were for medical or dental
expenses, funeral or burial expenses, mental health counseling, wage
or support losses, or rehabilitation.  Certified copies of these
bills provided by the State Board of Control and redacted to protect
the privacy and safety of the victim or any legal privilege, together
with a statement made under penalty of perjury by the custodian of
records that those bills were submitted to and were paid by the State
Board of Control, shall be sufficient to meet this requirement.
   (C) If the defendant offers evidence to rebut the presumption
established by this paragraph, the court may release additional
information contained in the records of the State Board of Control to
the defendant only after reviewing that information in camera and
finding that the information is necessary for the defendant to
dispute the amount of the restitution order.
   (5) Except as provided in paragraph (6), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered.  This disclosure shall be
available to the victim pursuant to Section 1214, and any use the
court may make of the disclosure shall be subject to the restrictions
of subdivision (g).  The disclosure shall be signed by the defendant
upon a form approved or adopted by the Judicial Council for the
purpose of facilitating the disclosure.  Any defendant who willfully
states as true any material matter that he or she knows to be false
on the disclosure required by this subdivision is guilty of a
misdemeanor, unless this conduct is punishable as perjury or another
provision of law provides for a greater penalty.
   (6) A defendant who fails to file the financial disclosure
required in paragraph (5), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f).  The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
apply.
   (7) Except as provided in paragraph (6), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court.  The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
   (8) In its discretion, the court may relieve the defendant of the
duty under paragraph (7) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
   (A) Any report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
   (B) Any stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
   (C) Any report by the probation officer, or any information
submitted by the defendant applying for a conditional sentence
pursuant to subdivision (d) of Section 1203.
   (9) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (5) as any of the
following:
   (A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
   (B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
   (C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.

   (D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
   (10) A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (5) shall not delay entry of an
order of restitution or pronouncement of sentence.  In appropriate
cases, the court may do any of the following:
   (A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
   (B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
   (C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (5) as
a condition of probation or suspended sentence.
   (g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record.  A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution order, nor shall inability to pay be a consideration
in determining the amount of a restitution order.
   (h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.

   (i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
   (j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
   (k) For purposes of this section, "victim" shall include all of
the following:
   (1) The immediate surviving family of the actual victim.
   (2) Any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
   (3) "Derivative victims" as defined in Section 13960 of the
Government Code.
   (l) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation.  Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required.  Upon
revocation of probation, the court shall impose restitution pursuant
to this section.
   (o) The provisions of Section 13966.01 of the Government Code
shall apply to restitution imposed pursuant to this section.
   (p) (1) This section shall become operative on January 1, 2000,
except when all of the following apply:
   (A) A majority of judges of a court apply to the Judicial Council
for an extension.
   (B) The judicial application described in paragraph (1) documents
the need for time to adjust restitution procedures and practices, as
well as to facilitate judicial education and training in direct
restitution to victims under subdivision (f).
   (C) The Judicial Council grants the extension upon finding good
cause.
   (2) Upon the grant of an extension pursuant to the application of
a court under this subdivision, the provisions of former Section 1214
shall continue to apply with respect to that court.  The extension
may be for any period of time set by the Judicial Council, but shall
not exceed January 1, 2002, in any case.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
